It doesn't take a brain surgeon to know that the average ten-year-old is incapable of waiving his Miranda rights on his own. In fact, most brain surgeons can point to hard physical evidence that they can't.
The close divisions on the Court on these and other issues, coupled with the fact that four will be over 80 in the next president's first term, show the importance of the 2016 election on the future of the Court -- and why November 8, 2016 truly will be Judgment Day.
The congressional method has been the only method used to amend the Constitution. Though states over the decades have attempted to amend the Constitution, such efforts have proven unsuccessful.
Within the next 90 days, the California Supreme Court will decide if a referendum should be placed on the November 2016 ballot asking voters whether they want to amend the federal Constitution to overturn the U.S. Supreme Court's dreaded Citizens United ruling.
Only days are left before the 5th Circuit Court of Appeals can issue a ruling which the Supreme Court can review on President Obama's deferred action initiatives, better known as DAPA and expanded DACA.
Should two brothers who were convicted of a horrific murderous crime spree be tried in court together and sentenced to death in one combined sentencing hearing? Alternatively, does justice mandate erecting a wall between their two cases and holding separate individualized hearings?
Children born into same-sex families frequently are biologically related to only one parent, and the law recognizes only that one parent. The legal status of the child's relationship with her nonbiological parent varies from state to state.
If attitudes lead to beliefs (stereotypes), and stereotypes lead to action; employers should pay close attention to the rights of their workforce to assure no action is discriminatory.
Are conservatives truly revisiting their longstanding commitment to judicial restraint, or are liberals merely flogging a narrative of right-wing radicalism to advance their own ends?
Even given the policy analysis failures of Trump's positions, other leading Republican contenders for the presidency are far more clearly referring to mental health as an excuse to dodge gun control rather than develop a functional system.
The Supreme Court began its fall term this week. This seems like a good time to pause for a moment and revisit how decisions by Chief Justice John Roberts and four of his Supreme Court colleagues during the past five years have given the nation a system of legalized bribery.
The new Supreme Court term starts today, and sometime this fall the court will consider whether to hear challenges to the Affordable Care Act's requirement that health insurance provide coverage for contraception without a co-pay. Wait -- didn't that already happen, you ask?
As a country that presents itself as a leader among nations when it comes to rule of law, the corruption of the process of selecting judges in a partisan manner ought to be an international embarrassment.
Since Republicans gained control of Congress little has been done. The Arbitration Act, which would broadly void forced arbitration contracts, has languished in Congress for six years. A bill to prohibit any school receiving federal student aid from restricting students' ability to pursue legal claims in court likely will not come to a vote.
Time was, left-leaning legal scholars and commentators called for the courts to actively enforce individual rights against overbearing majorities. Today, some among them would prefer that judges largely stay out of the way--and they're worried that an increasing number of conservatives do not agree with them.
This week marks the anniversary of a decision that has stirred debate about the constitutional role of the judiciary for more than half a century. In a remarkable opinion signed by each of its nine members, the Supreme Court in Cooper v. Aaron (1958) stated that public officials in Little Rock, Arkansas, were required to implement a desegregation plan.